Legal Definitions - sexual abuse

Sexual abuse refers to any sexual act or behavior imposed on another person without their free, informed, and enthusiastic consent. It encompasses a wide range of actions, including unwanted sexual touching, sexual exploitation, or forcing someone to engage in or witness sexual acts. A key element is the absence of valid consent, often due to coercion, manipulation, a significant power imbalance, or the victim's inability to understand or refuse.

Here are some examples illustrating sexual abuse:

• Example 1: A college professor tells a student that if they want to pass a critical course, they must engage in sexual activity with the professor. The student, fearing academic failure, reluctantly complies.

  Explanation: This illustrates sexual abuse because the student's consent was not freely given. It was coerced under duress, leveraging the professor's position of power and the student's vulnerability regarding their academic future.

• Example 2: An individual attends a party and consumes a drink that has been secretly spiked with a sedative. While unconscious or severely incapacitated, another person engages in sexual activity with them.

  Explanation: This is a clear instance of sexual abuse because the victim was unable to provide any form of consent due to their impaired state. Consent cannot be given by someone who is unconscious or significantly incapacitated.

• Example 3: A nursing home aide repeatedly exposes an elderly resident with advanced dementia to unwanted sexual images and touches the resident's intimate areas, despite the resident showing signs of distress and confusion.

  Explanation: This constitutes sexual abuse because the elderly resident, due to their cognitive impairment, is incapable of giving valid consent. The aide is exploiting the resident's vulnerability and inability to refuse unwanted sexual contact and exposure.